The lawsuit names as defendants:
- Idaho Attorney General Raúl Labrador
- Ada County Prosecuting Attorney Jan Bennetts
- Valley County Prosecuting Attorney Brian Naugle
- Nez Perce County Prosecuting Attorney Justin Coleman
- Eagle Public Library Board of Trustees
The plaintiffs are seeking injunctive relief to block the law’s enforcement, as well as legal costs and attorney fees.
Legal and Constitutional Concerns
According to the lawsuit, HB 710 imposes vague and overly broad restrictions on books that might be considered “harmful to minors,” creating an impossible situation for librarians and educators. The law allows private individuals to sue libraries and schools that make restricted books accessible, further chilling free speech.
“The right to speak and the right to read are inextricably intertwined,” the lawsuit states. “Authors have the right to communicate their ideas to students without undue interference from the government.”
Critics argue that HB 710 fails to differentiate between books appropriate for teenagers and those for younger children, instead banning access for all minors under 18. The law also disproportionately targets books featuring LGBTQ+ themes, raising concerns of viewpoint discrimination.
Impact on Libraries and Schools
Libraries and schools have responded to the law in drastic ways, including:
- Moving restricted books to separate, cordoned-off adults-only sections
- Removing books from public access entirely
- Converting some libraries into adult-only spaces where minors must be accompanied by a parent or guardian
The Authors Guild CEO Mary Rasenberger condemned the law, stating:
“This law is an unacceptable assault on intellectual freedom in America. By allowing vigilantes to ban books and explicitly target LGBTQIA+ content, this law doesn’t just chill free speech — it freezes it solid.”
Legal Representation and Next Steps
The plaintiffs are represented by:
- Deborah A. Ferguson of Ferguson Durham PLLC
- Michael J. Grygiel and Daniela Del Rosario Wertheimer of the Cornell Law School First Amendment Clinic
Counsel for the defendants was not immediately available, and state and local officials have yet to respond to the lawsuit.
